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D. Minn.Procedural orderFiled Mar. 4, 2020

Kawo O. F. v. Bureau of Customs and Immigration Enforcement

Judge
Eric Tostrud
Docket
0:19-cv-02311
Court
U.S. District Court · District of Minnesota
Pages
1
HabeasCivil Procedure
In one sentence

In Kawo O. F. v. Bureau of Customs and Immigration Enforcement, Judge Tostrud accepted the report, denied the habeas petition as moot, and dismissed the action without prejudice.

Who this affects

Petitioner Kawo O. F.; the petition was denied as moot, and the action was dismissed without prejudice.

What happened

In Kawo O. F. v. Bureau of Customs and Immigration Enforcement, the court considered a report and recommendation from Magistrate Judge Elizabeth Cowan Wright concerning Kawo O. F.’s petition under 28 U.S.C. § 2241.

No party objected to the report, so the court reviewed it for clear error. The court accepted the report, denied the petition as moot, and dismissed the action without prejudice.

Judge Eric C. Tostrud entered the order on March 4, 2020, and directed that judgment be entered. The opinion does not explain why the petition had become moot.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Kawo O. F. v. Bureau of Customs and Immigration Enforcement · No. 0:19-cv-02311
Judge
Eric Tostrud
Date
Mar. 4, 2020

Background

The court received a February 10, 2020 report and recommendation from United States Magistrate Judge Elizabeth Cowan Wright. The report concerned Petitioner Kawo O. F.’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The opinion does not describe the underlying facts or the reason the petition became moot.

Review of the Report and Recommendation

No party objected to the report and recommendation. Under Federal Rule of Civil Procedure 72(b), the court therefore reviewed it for clear error, meaning an obvious mistake in the magistrate judge’s decision. The court found no clear error and accepted the report and recommendation.

Disposition

The court ordered that Kawo O. F.’s § 2241 petition be denied as moot. It also ordered that the action be dismissed without prejudice, and directed that judgment be entered. The order does not state the merits of the underlying petition or explain the basis for mootness.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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